Fatal Centennial officer-involved shooting in June justified, report says

Gunfire that killed Andrew Paine was legal, according to investigation

Posted 11/20/18

A review by the 18th Judicial District Attorney's Office has determined the fatal shooting of a suspect who fired at sheriff's deputies in June was justified, a Nov. 19 report said. Andrew Paine, 38, …

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Fatal Centennial officer-involved shooting in June justified, report says

Gunfire that killed Andrew Paine was legal, according to investigation

Posted

A review by the 18th Judicial District Attorney's Office has determined the fatal shooting of a suspect who fired at sheriff's deputies in June was justified, a Nov. 19 report said.

Andrew Paine, 38, died after Arapahoe County Sheriff's deputies arrived at a home to check on his wife and exchanged gunfire with him as he drove away from the house, according to the report, which was based on an investigation by the 18th Judicial District Critical Response Team.

Deputies responded to a home in the 6300 block of South Olive Street in Centennial at about 10:30 a.m. June 23 after a woman called with concerns for her friend, Paine's wife, the sheriff's office said in a news release at the time. The wife was on the phone with the woman when Paine hung up the phone, according to the report. The home is near East Arapahoe Road and South Quebec Street.

Paine had a history of bipolar disorder, alcoholism and post-traumatic stress disorder, according to information law enforcement was told by an interviewee after the shooting.

According to the report:

Paine and his wife had an argument before the call, and he drew a gun after it, prompting a physical struggle over the gun. Paine calmed down and eventually left to a guest room in the house, and his wife and the children fled the house.

A person, likely the wife's friend, texted Paine back and forth to warn that law enforcement would be called, and Paine responded, “After the cops murder me they'll find that I have a broken hand and that any perceived threats were falsified.”

Sgts. Bruce Peterson and Brett Cohn and Deputies Derek Goodyear and Mike Stokes responded to Paine's house at about 10:40 a.m. June 23 after the wife's friend called 911, and deputies saw a man holding a gun in the garage. Cohn arrived in front of a neighbor's house and heard a person talking with Paine on his cellphone in speaker mode, and Paine said officers were welcome to enter his home but he would shoot the first one in.

Around that time, deputies heard a gunshot inside the garage. Paine then backed out of his garage in a Jeep, and deputies gave commands for Paine to show his hands and drop the gun he held. Paine pointed a pistol with his left hand out the window at deputies, and Cohn believed he fired the gun. Peterson believed Paine was shooting as well, and deputies fired at Paine.

Stokes pulled Paine from the car into the middle of East Caley Avenue, and the Jeep kept rolling until it struck a nearby garage. Goodyear attempted CPR, and South Metro Fire Rescue responded to the scene. Paine was transported to an area hospital and was pronounced dead at about 11:40 a.m.

Paine's Jeep was searched, and a handgun was found on the driver's-side floor. Two .40 caliber casings were found in the Jeep, one on the floor and one on the center console. Based on the video evidence and casings, Paine fired his gun at deputies while driving, the report said.

The investigation showed deputies fired 31 rounds at Paine: Peterson fired 10 rounds, Stokes fired four, Goodyear fired 14 and Cohn fired three.

Paine sustained two gunshot wounds to the head and one to the chest, according to the autopsy, the report said.

Bystanders were outside in the area at the time of the shooting, but no one, including the deputies, was hit by any bullets during the incident, according to Julie Brooks, spokeswoman for the sheriff's office.

Law enforcement officers can use deadly physical force to defend themselves from what they reasonably believe to be the use or imminent use of deadly physical force under state law, Jason Siers, senior chief deputy district attorney, wrote in the report.

"I find Deputy Goodyear, Deputy Stokes, Sergeant Peterson and Sergeant Cohn reasonably feared for their lives when they used deadly force against Andrew Paine," Siers wrote.

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